Chula Vista Municipal Code Ch. 12.40 Street Vacations

Sections:

• 12.40.010 Statutory regulations applicable – Public hearing procedure – Investigation. 12.40.020 Fees – Established – Refund regulations. 12.40.030 Fees – Waived when. 12.40.040 Permits – Grounds for denial. 12.40.050 Appeal – Procedure generally. 12.40.060 Appeal – Decision authority.

***** For statutory provisions authorizing cities to regulate and prohibit encroachments and obstructions of streets, see Gov. Code § 38775.

In order to comply with the State Planning Act, the Street Vacation Act of 1941, and the Public Service Easement Vacation Law of the state, it is necessary to hold a public hearing prior to the vacation of any dedicated street or easement within the City. As a preliminary to said hearings, the City Engineer, in collaboration with the Director of Development Services and the Director of Public Works, shall conduct reasonable investigations to ascertain whether or not the public interest would be served by closing or vacating a specific street or portion thereof, or by the vacating of a specific easement in said City. It is the purpose and intent of the City Council to establish fees which shall be paid by the petitioner upon the filing of a request for the processing of an application for such street or easement vacations, in order to reimburse the City for expenses incurred. (Ord. 3575 § 5, 2024; Ord. 1205 § 2, 1969; prior code § 27.1401).

Required fee(s) are hereby established for the vacation of public streets, or portions thereof, or easements for public purposes. (Ord. 2506 § 1, 1992; Ord. 1811 § 1, 1978; Ord. 1205 § 2, 1969; prior code § 27.1402(A)).

The fees established by this chapter are nonrefundable; provided, however, that the fees established herein to cover the cost of vacating or closing a dedicated street or a portion thereof shall be waived in those cases where said dedicated street or portion thereof has previously been acquired by the City and it has been determined that the street is not needed by virtue of a change in plans by the City, or the property involved constitutes an unnecessary surplus after construction of the public improvement. Fees shall be waived in such cases only if the application for vacation is submitted within three years of the dedication of the public right-of-way. (Ord. 1205 § 2, 1969; prior code § 27.1402(B)).

The Director of Public Works shall not grant the permits required by this title under any circumstances or upon any condition when he finds that the granting of such permit will adversely interfere with or affect the necessary visibility from the street, necessary drainage in the immediate vicinity of the encroachment, present or contemplated vehicular and pedestrian traffic upon the street, or the maintenance of streets. (Ord. 1205 § 2, 1969; prior code § 27.1501).

Any person who applies for a permit under the provisions of this title may appeal to the City Council from a decision of the Director of Public Works denying such application. The Director of Public Works shall give written notice to such applicant of his failure to grant such application and stating the reason therefor.

Such appeal must be in writing and contain a copy of the written statement of the Director of Public Works denying the application, and such appeal shall specify the reasons wherein and whereby it is alleged that the decision of the Director of Public Works is in error and shall be filed with the City Clerk within 15 days after receipt of the written denial of the proposed permit by the Director of Public Works. (Ord. 1205 § 2, 1969; prior code § 27.1502).

Upon receipt of such appeal, the City Clerk shall take no longer than 30 calendar days to place the matter upon the agenda of a regularly scheduled meeting of the City Council. The meeting date shall also be no more than 60 calendar days from the application’s filing date. The decision of the City Council shall be final. (Ord. 3623 § 3, 2026; Ord. 3575 § 2, 2024; Ord. 3544 § 12, 2023; Ord. 1205 § 2, 1969; prior code § 27.1502).